Western Australian Numbered Acts

WORKERS COMPENSATION AND INJURY MANAGEMENT ACT 2023 (NO. 21 OF 2023) - SECT 280

280 .         Recovery by WorkCover WA of payment made in satisfaction of claims

        (1)         An amount paid by WorkCover WA in satisfaction of a claim under this Division may be recovered by WorkCover WA as a debt due to WorkCover WA from —

            (a)         the insolvent insurer or insolvent self-insurer in respect of which the claim was made; or

            (b)         any person against whom the insolvent insurer or insolvent self-insurer has, or had at any time, a right of indemnity or contribution in respect of the injury to or death of the worker to which the claim relates.

        (2)         The amount recoverable from an insolvent insurer or insolvent self-insurer under subsection (1) in respect of a claim is reduced by the amount of any payment to WorkCover WA in respect of the claim by the liquidator of the insolvent insurer or insolvent self-insurer under section 282.

        Note for this subsection:

                The amount recoverable from an insolvent self-insurer is also reduced by any amount paid to WorkCover WA as a result of a demand made under a self-insurer security — see section 252(2).

        (3)         Any amount recovered by WorkCover WA under subsection (1) must be credited to the DI Fund.